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Staunton Correctional Center/Commonwealth of Virginia v. Sanderson4/12/2005
orrectional Center or the Department of Corrections told him not to file a claim or that it was unnecessary to do so, he testified that he understood that his missed time from work "was being covered through workers' comp.," because of "the award that I received and from my timekeeper, Dorothea Fields and the Human Resources Office." When asked if he actually had conversations with those persons, claimant replied, "Yes." Claimant testified that the "only responsibility that was aware of that would submit the leave request forms to timekeeper and that was all was supposed to do."
Fields, who was employer's timekeeper from 1989 to 2002, testified that when claimant informed her or the supervisor that he missed work due to his compensable back injury, Fields completed a P8 form indicating that claimant "was out for workmen's comp." Thereafter, Fields forwarded the P8 form, along with the doctor's excuse provided by claimant, to employer's human resources office. Fields confirmed that she needed the doctor's excuses "to make sure that it would be covered under workers' comp."
Sandra M. Pultz, who worked for twenty-two years in employer's human resources office until its facility closed in December 2002, handled workers' compensation claims for employer during 2001 and 2002. Beginning in March 2001, Pultz received the P8 forms and claimant's doctor's excuses from Fields when claimant missed work. Pultz then keyed claimant's missed time into the SIPS computer program, the time-keeping program for the Commonwealth, which interacts with the Commonwealth's entire payroll. Pultz also faxed the documentation, including claimant's doctor's excuses, to Managed Care Innovations (MCI), employer's third-party administrator.
At some point, MCI notified Pultz that it would not reimburse employer for compensation paid to claimant for missed time from work. Pultz believed that MCI decided not to honor employer's requests for reimbursement beginning in March 2001, "because the statute of limitations had run out and that was due to the fact that the [supplementary] reports had not been filed." Pultz did not recall having any conversations with claimant about his missed time until March 2001, after MCI had refused to reimburse employer and the statute of limitations had expired. Pultz understood that up until that time, claimant was being paid his salary with two-thirds apportioned to workers' compensation and one-third apportioned to personal leave.
Nathan McLamb worked for employer as its human resources manager for four and one-half years, ending on October 9, 2002. McLamb confirmed that employer entered claimant's missed time into the SIPS program and faxed claimant's doctor's slips to MCI, but failed to file certain supplementary reports required by MCI in order for employer to be reimbursed for the workers' compensation payments it had made to claimant. McLamb believed this was an oversight by Pultz, who McLamb believed received claimant's case sometime during 1999. McLamb testified that when Pultz realized employer was not being reimbursed, she filed a supplementary report, dated March 23, 2001, to cover claimant's missed time from work between October 26, 2000 and February 27, 2001. In February 2002, McLamb became aware of the problem and prepared another supplementary report dated February 13, 2002, which he forwarded to MCI, covering claimant's lost time between June 4, 1999 and December 6, 2001, in order to obtain reimbursement from MCI for the missed time from work, for which employer had compensated claimant. McLamb prepared that supplementary report after auditing the records and finding that Pultz's March 23, 2001 supplementary report did not include all of claimant's m
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